TAPAS KUMAR SUKUL LAKSHMI VILLA, NIMTARD, P.O., P.S. & DISTRICT PURULIA PURULIA WEST BENGAL Vs. NATIONAL INSURANCE CO. LTD. & ANR. "SHYAM", APCAR GARDEN, ASENSEL

JUDGEMENT

(1.) Challenge in this Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, the Act) is to the order dated 09.06.2010 passed by the State Consumer Disputes Redressal Commission, West Bengal (in short, the State Commission) in FA No.63/2010. By the impugned order, the State Commission modified the order of the District Forum, allowing the Complainant's Appeal to the extent of enhancing the compensation to Rs. 30,000.00 in addition to Rs. 10,260.00 towards the loss of damage of the vehicle and costs of Rs. 10,000.00. The Opposite Parties were directed to pay the said amounts within sixty days from the date of the order, failing which, the amount would attract interest @ 8% p.a., for the period of default.

(2.) The facts material to the case are that the Complainant insured his vehicle with the Opposite Party Insurance Company for the period from 02.09.2002 to 01.09.2003 for an amount of Rs. 2,00,000.00. The vehicle met with an accident on 23.02.2003 and on the same day, the matter was reported to the Police and case No. 2/03 dated 23.02.2003 was filed. It is averred that the Surveyor of the Insurance Company, one, Mr. Mrinal Paramanik took some photographs and minor repair was made and the vehicle was uplifted from the front and was taken to the Police Station on the same day. On 27.02.2004, some more photographs were taken by the Surveyor at the Police Station and the vehicle was left there without giving any instructions to dismantle the damaged portion of the vehicle. The Motor Vehicles Inspector (Technical) inspected the vehicle and notified the damage of the Deskboard, Chasis, Body-machinery, Engine and other mechanical parts of the vehicle. It is pleaded that the Complainant made several representations to the Second Opposite Party to dismantle the damaged portion of the vehicle for conducting the necessary repairs. It was also informed, in writing, on 08.08.2003 and 09.09.2003, for which, the Second Opposite Party sent a letter on 13.12.2003 asking him to send the requisite bills, cash Memos of the repairing charges of the vehicle. On good faith, the Complainant sent the bills and cash memos which was already repaired to the extent of Rs. 82,000.00 and corresponded with the Second Opposite Party for further action which needs to be taken to make the vehicle road-worthy.

(3.) It is averred that the Second Opposite Party did not send any Surveyor to assess the actual loss, but instead, sent a Voucher dated 14.01.2004 to the Complainant for a sum of Rs. 7,300.00. On 19.02.2004 the Complainant returned the Voucher and asked the Second Opposite Party to depute a Surveyor for assessment of the damaged vehicle. The Second Opposite Party sent a letter dated 08.03.2004 acknowledging the letters of the Complainant dated 30.01.2004 and 19.02.2004 and sent the Voucher again for settlement. Dissatisfied, the Complainant wrote a letter to the Branch Manager, Purulia Branch, on 19.02.2003 for appropriate action to be taken. A Legal Notice was issued on 30.08.2004, for which, the Second Opposite Party addressed a letter No.50503/MOT.CL/Purulia/SKC, dated 09.09.2004 to the First Opposite Party to take appropriate action for deputing a Surveyor to reassess the claim as the case was long pending. Receiving no response, on 23.09.2004, the Complainant addressed letter to the Second Opposite Party that he was compelled to start extra repairing works as per the directions of the Motor Mechanic. This letter was also sent by the Second Opposite Party to the First Opposite Party vide reference letter No.150503/PR-12/MOT/CI, dated 29.09.2004 enclosing the Complainant's letter dated 23.09.2004 for valuable advice. The Complainant thereafter addressed several letters to the Minister Incharge of Transportation, Social Justice and Empowerment Departments of the Governments of West Bengal and India, the District Magistrate, President of RTA Board, Purulia, the Regional Transport Officer/Secretary of RTA Board, Purulia, NGO, BABAMAA, etc. Vexed with the attitude of the Opposite Parties, the Complainant approached the District Forum seeking the following reliefs:-